60 Ga. App. 210 | Ga. Ct. App. | 1939
Lead Opinion
Mrs. Annie E. Owen sued G. E. Allen on a promissory note. Allen by his answer admitted the execution of the note, but set up- that Mrs. Owen promised him a sum of money to swear falsely in a case in which she was interested; that he did swear falsely and that on account of his so swearing Mrs. Owen prevailed in her litigation; that thereafter Mrs. Owen did not give him the money she had promised, but gave him a smaller sum, $600; that when she gave him the money for so swearing she suggested that he give her a note for the money, in order to conceal the transaction leading to his false testimony, which note she promised not to enforce. This is the note sued on. The plaintiff demurred generally to the answer. The defendant excepted to an order sustaining the demurrer and dismissing the answer.
The plaintiff is seeking to enforce an executory contract. Construing the allegations of the answer as true, for the purposes of demurrer, the giving of the note in question was clearly a part and parcel of an illegal, immoral, and wholly reprehensible transaction ; and it is too well settled to require elaboration that the courts of this State will not lend their aid to the enforcement of such a contract. Adams v. Coffee, 59 Ga. App. 528 (2 S. E. 2d, 155); Benson v. Georgian Co., 21 Ga. App. 448 (94 S. E. 644), and cit. Nor does it matter that the defendant is seeking to set up his
Judgment reversed.
Dissenting Opinion
dissenting. The defendant’s plea sets up a contemporaneous parol agreement, without consideration, by which he is relieved of his obligation expressed in the note, which is an